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Tuesday, November 12, 2024

Attorney General James' office releases report on Sofia Gomez's death

State AG
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Attorney General Letitia James | Ballotpedia

New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report on the death of Sofia Gomez, who died following an encounter with a New York City Police Department (NYPD) officer in October 2020. The investigation concluded that there is insufficient evidence to charge the officer involved with a crime.

The incident occurred on October 5, 2020, when an NYPD officer from Highway District 1 was responding to a call for backup on the Throgs Neck Bridge in the Bronx. The officer, driving a marked vehicle with sirens and lights activated, increased speed after receiving a radio transmission indicating "shots fired." While traveling over 60 MPH on Pelham Parkway South, the officer struck Ms. Gomez as she crossed at Wallace Avenue. She was pronounced dead three days later at a local hospital.

According to OSI's analysis under New York law, criminal charges require proof of recklessness or intentional conduct by the officer. The investigation found no evidence that the officer acted with gross deviation from reasonable standards or consciously disregarded substantial risk. Despite speeding due to an emergency call, he took precautions by activating emergency signals and attempting to brake and avoid Ms. Gomez.

The report noted that an alcohol test was administered nearly two hours post-collision, which aligns with NYPD patrol guide requirements but suggests improvement in training patrol supervisors for timely testing. Although no impairment was found, OSI recommends enhanced training for administering alcohol tests.

Further recommendations include improving security of NYPD radio transmissions after discovering the "shots fired" alert came from an unknown source. OSI advises annual Emergency Vehicle Operator Course (EVOC) training for officers to prevent similar incidents.

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